Internal Recruitment/Staff Selection Legal Issues

What steps can be taken in addressing the concerns for retaliation and termination?

When the company policies and the EEOC regulations are enforced, this should alleviate the concern for retaliation and termination. I would reassure Nancy that any repercussions from her expressing concern about this would be dealt with in accordance with the EEOC, state and federal guidelines. This would also include the company guidelines.

From my experience as an associate that has experienced an issue similar to the one in the assignment, my suggestion to Nancy is to keep a small journal of the times and dates that she feels that she is working in an hostile environment and to report that information to the HR generalist or even her immediate supervisor's boss. One cannot address a situation unless one is made aware of the issue. However; it is important to note that when supervisors have their evaluations and touch-base meetings with their superiors; the HR information, guidelines and procedures would be discussed too. Make sure that managers are going over EEOC guidelines and discussing updates with those who are working for them as well. There is nothing worse than an uneducated associate. All associates at all levels should be aware of the guidelines. EEOC regulations and guidelines must be posted in all areas where there are associates. The HR manager must let Nancy know that she can report any concern without fear of retaliation or termination at any time. One other suggestion would be to check with your organization's HR manager and interview that individual. It is always good to have first hand information.

An added note:

As an HR manager, you always want to insure that you have the proper tools, procedures and policies at hand so that fair and legal judgments can be made. It is of the utmost importance that any issue no matter how insignificant you may seem to think it is should be investigated in order to insure that the hiring and selection process is legal, ethical and fair. Furthermore as an HR manager, you must insure that your hiring staff are trained and receive updates as they occur. Insure that you have specific measurements within the process to show that the company reamins compliant.

Solution Preview

Make sure you access the EEOC government Title VII Civil Rights Acot of 1964; this is the best starting point for what you are trying to research www.eeoc.gov.

Question 1

What would you say to Nancy about the ideal legal and ethical hiring practices?

Nancy has chosen not to confide in her immediate supervisor and she must be reassured that the situation will remain confidential and information would only be disclosed to those involved in the situation. Anytime there is a situation such as this, it will be handled according to the EEOC laws and the company's policies.

The first thing that I would do is advise Nancy of the company's policies regarding hiring and selecting staff to ensure that she understands how the procedure is to be followed. This would come from the employee handbook and or database stating the hiring and staffing policy. I would also encourage Nancy to go ahead and apply for the position since the actual hiring has not taken place yet. Nancy has assumed that she will not get the position due to past experiences she has had with this same supervisor. Her concern is genuine and should not be taken lightly.

I would include the company's diversity policy and Equal Employment Opportunity and Affirmative Action Statement to further alleviate her concern regarding discrimination. At that time Nancy would also be informed that the situation would be discussed with her immediate supervisor.

An example of Bank of America's Equal Employment Opportunity and Affirmative Action Statement:
"Bank of America and its affiliates recruit and hire qualified candidates without regard to race, religion, color, sex, sexual orientation, gender, gender identity, age, national origin, ancestry, citizenship, veteran or disability status or any factor prohibited by law, and as such affirms in policy and practice to support and promote the concept of equal employment opportunity and affirmative action, in accordance with all applicable federal, state and municipal laws. The bank also prohibits discrimination on other bases such as ancestry, medical condition, or marital status under applicable laws. Candidates must possess the right to work in the United States, as it is not the practice of Bank of America to sponsor individuals for work visas". (Bank of America)

Question 2

What can you do to ensure that the recruitment and selection process is fair and ...

Solution Summary

This assignment was about whether or not an incumbent associate was beng treated fairly when she was applying for promotions within her company. It also covered whom she could speak with if she felt she was being treated unfairly by her immediate manager. The solution also suggested that the HR department have processess in place to ensure that every applicant is being treated fairly.